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Diabetes and Long-Term Disability Claims: What You Need to Know

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Diabetes and Long-Term Disability Claims: What You Need to Know

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Diabetes and Long-Term Disability Claims Himpro

Diabetes and long-term disability are not often terms closely associated with one another. However, diabetes and long-term disability claims are far more common than you think. Long-term disability insurance for diabetics is approved only once the individual has properly submitted their claim supported by credible medical evidence of disability.

Two Main Types of Diabetes

There are two main types of diabetes: Type I and Type II. Type one diabetes manifests when the pancreas releases such a small amount to attack cells that are supposed to process it. Sugar thereafter builds up in the bloodstream as opposed to being used as energy. This type of diabetes is typically seen in the early years of development and is treated with insulin.

The other type of diabetes is known as Type II diabetes, which is much more common and prevalent in adults. Type II diabetes manifests when the body fails to make proper use of insulin or is not producing enough insulin. In a similar fashion to Type I diabetes, sugar builds up in the blood as opposed to being used as energy. Type II diabetes can be treated with exercise and diet if it has not progressed too far.

Finally, Gestational diabetes is a condition that affects pregnant women during the second or third trimester. This form of diabetes manifests because the body is unable to produce enough insulin to handle the impact of rapidly changing hormone levels along with the growth of the baby.

Diabetes is the cause of a variety of different complications. For differing reasons, these complications can make it very difficult to continue working either at a sedentary or physical type of employment.

Some of the most common complications include high blood pressure, depression, anxiety, eating disorders, heart disease, chronic kidney disease, stroke, erectile dysfunction, and foot problems such as infections and ulcers.

These complications lead to functional restrictions and limitations which have a significant impact on a person’s ability to perform their activities of daily living and, by extension, their essential employment responsibilities.

Application for Disability Benefits

You should always consult with a lawyer before making an application for disability benefits. A great starting point is to visit https://www.canada.ca/en/financial-consumer-agency/services/insurance/disability.html to understand if you need disability insurance and, if so, whether you should apply for either long-term or short-term disability benefits.

Short-Term Disability

Short-term disability coverage extends benefits for up to a period of 6 months while you are recovering from sickness or injury. If your employer maintains a short-term disability plan, your disability claim must be filed through that disability plan.

If your employer does not offer short-term disability coverage and you do not maintain coverage on your own, it is possible that you are eligible for Employment Insurance (E.I.) sickness benefits. In order to qualify, you must:

(a) Regularly have made use of all of your sick leave; and
(b) Have worked a sufficient number of hours.

You can find out more about E.I. benefits here: https://www.canada.ca/en/services/benefits/ei/ei-sickness.html

Long-Term Disability

Long-term disability coverage most often commences once the following benefits come to an end:

(a) Short-term disability insurance;
(b) Sick leave benefits received from your employer; and
(c) E.I. benefits

In most cases, long-term disability plans replace approximately 60% to 70% of your normal income.

Employee Statement

A lawyer should be consulted before submitting an employee statement since you do not want to say too much or too little. Lawyers have experience with filing such forms and know the exact words to use and how to use them. This is especially important since the employee must outline all of the different ways they are unable to conduct their activities of daily living as well as their essential work functions.

Attending Physician Statement

As for the attending physician statement, the doctor treating the disabled person must explain the nature of the patient’s condition as well as any and all complications that have manifested themselves, specifying the limitations and restrictions of the affected individual.

It is important that on both the attending physician statement and employee statement that clear examples of how the complications caused by diabetes have affected the disabled person’s life, as well as their activities of daily living. Specific, real-world examples go a long way here, and the inability to sit at a computer (such as at a sedentary job) or to engage heavy machinery (in a physical job) on a regular basis help to make the case for the issuance of disability benefits.

Supporting Documentation

Additionally, all relevant medical information and documentation in support of the disabled person’s claim should be submitted in conjunction with the aforementioned statements. These documents and medical proofs may include x-rays, bloodwork, consultation reports from treating physicians and therapists as well as hospital records.

The Claims Stage

Insurance companies who are charged with the duty to review and either approve or deny claims are evaluating to see if disabled individuals are seeking out proper treatment from specialists, medical professionals, therapists, and the like. This treatment should be consistent, regular, and ongoing in order to properly support a person’s claim.

Insurance carriers deny claims for any number of reasons. A few of the most frequent examples are:

(a) Insurance carrier does not feel that the claimant has undergone treatment with enough regularity or is not appropriate for the disability claimed;
(b) An appropriate specialist for the disability has not been selected;
(c) There is not enough objective medical evidence to support the disabled person’s claim of disability;
(d) The limitations and restrictions claimed are not supported by medical evidence;
(e) Claimant has the ability to work in a sedentary position if their former job was physical or if their former job was sedentary they are able to continue working in the same or similar capacity.

Denied Disability

If your claim has been denied at any stage of the process, you do have the right to challenge and appeal the decision of the insurance company. You may file a suit against the insurance carrier to compel a more thorough review of your case.

Overall, it is your best bet to consult with a lawyer who is experienced in both long-term and short-term disability matters so that you may be educated as to your rights, responsibilities, remedies, and obligations and to make sure you did not miss any deadlines for filing. The claims process can be a long and arduous one and it is not something that you want to deal with when you are dealing with diabetes and a long-term disability.

Take the time to consult with a reputable and experienced lawyer if you are considering filing a claim for either short-term or long-term disability benefits. In most cases, the consultation is free and there is no obligation. Invest the time to consult with a professional and you will realize far better results than had you filed a claim on your own.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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She Silva
7 days ago
I’m very happy with David and his team. Very professional and knowledgeable. Reputable law firm.
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1 week ago
Excellent communication skills from the Receptionists to my Lawyer and the Clerks. I will always appreciate all the support and good work that they are doing i am very grateful to have them supporting me, especially Dan Holland a very patience and professional person. Thank you.
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They helped me navigate my car accident claim. I am grateful that they made the process easy and that they were there to help every step of the way
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2 months ago
David, Mena and Silene were all professional and extremely helpful in getting my case resolved. Mena was quick to get back to me when I had any questions. I had a great experience with all of them.
Ayodeji Osikoya
4 months ago
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
Haris Sheikh
4 months ago
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
Angelo Mazzotta
5 months ago
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
Rashid Gharda
9 months ago
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
Deepinder Virk
11 months ago
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
Annette Morris
1 year ago
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

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Toronto ON
M5G 1V2
(416) 599-8080

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2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
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